BILL NUMBER: SB 614	CHAPTERED  08/30/99

	CHAPTER   269
	FILED WITH SECRETARY OF STATE   AUGUST 30, 1999
	APPROVED BY GOVERNOR   AUGUST 30, 1999
	PASSED THE ASSEMBLY   AUGUST 16, 1999
	PASSED THE SENATE   MAY 24, 1999
	AMENDED IN SENATE   APRIL 28, 1999

INTRODUCED BY   Senator Morrow

                        FEBRUARY 24, 1999

   An act to add Section 54906 to the Government Code, and to add
Section 1162.6 to the Streets and Highways Code, relating to
highways.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 614, Morrow.  Highways:  permanent road division:  formation.
   (1) Article XIIID of the California Constitution, which was added
pursuant to the approval by the electorate of Proposition 218 at the
November 5, 1996, general election, generally requires that
assessments, fees, and charges be submitted to property owners for
approval or rejection after the provision of a written notice and the
holding of a public hearing.  The Proposition 218 Omnibus
Implementation Act prescribes specific procedures and parameters for
local jurisdictions in complying with Article XIIID of the California
Constitution.
   Existing law authorizes the board of supervisors of a county, by
resolution, to form a permanent road division.  Existing law
prescribes procedures for protesting the proposal and for a hearing
thereon, and specifies conditions under which an election is
required.
   This bill would authorize a board of supervisors to form a
permanent road division without reference to a specific road project,
as specified, and to create zones within the division for specific
permanent road projects, with differing special taxes or parcel
charges.  The bill would require the board of supervisors to comply
with specified notice, hearing, and protest requirements.
   (2) Existing provisions of the Government Code set forth
provisions governing the boundaries of cities, counties, and other
agencies.
   This bill would exempt from these boundary requirements any zones
within permanent road divisions where the zones are formed for a
specific permanent road project.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 54906 is added to the Government Code, to read:

   54906.  This chapter does not apply to any zones within a
permanent road division created pursuant to Section 1162.6 of the
Streets and Highways Code, where the zones are formed for a specific
permanent road project.
  SEC. 2.  Section 1162.6 is added to the Streets and Highways Code,
to read:
   1162.6.  (a) Notwithstanding any other provision of this chapter,
the board of supervisors may form a permanent road division without
reference to a specific permanent road project.  The division may
include the entire unincorporated area of the county.  The board may
create zones within the division for specific permanent road
projects, with differing special taxes or parcel charges.  Parcel
charges shall be deemed to be assessments within the meaning of
Article XIIID of the California Constitution.
   (b) Formation of the division shall be initiated by resolution of
the board of supervisors that sets a time and date for a hearing on
the matter.  Notice of the hearing shall be given pursuant to Section
6061 of the Government Code in a newspaper of general circulation
published in the county, or, if there is no newspaper of general
circulation published in the county, in a newspaper of general
circulation that is circulated within the territory proposed to be
included within the division.  Publication shall be complete at least
seven days prior to the hearing.
   (c) At the hearing, the board of supervisors shall hear all
objections to the establishment of the division and shall determine
whether to form the division.
   (d) Proceedings to form a division or zones may be consolidated
with an assessment ballot proceeding pursuant to Section 53753 of the
Government Code.
